RESERVATION WITHIN RESERVATION Way Forward To Integrate The Excluded Women

RESERVATION WITHIN RESERVATION

Way Forward To Integrate The Excluded Women

Noorjehan Safia Niaz

INTRODUCTION

It is shameful but true that even after 60 years of independence there are large masses of people who have remained excluded from the mainstream of social and political life. The tribals, the backward castes, the minorities have still remained out of the ambit of the national life. To further exacerbate the impact of marginalization have been the economic policies of the state since the last 17 years where capitalist forces have been ravaging the jal, jungle, zameen of the masses in the name of development. The World Bank driven development agenda has turned us into hard core capitalist. Our policy makers want the country to be fully urbanized at the cost of millions who toil in the field and give us our daily bread. While the neo-imperialist forces are ravaging the country all over again, the masses are made to get embroiled in narrow, chauvinistic and parochial agendas so that it is not able to put up a combined fight against the marauding anti-people and anti-environment forces.  How do we address this situation? Social, educational and economic empowerment is an essential prerequisite for development but political participation is crucial as it gives an opportunity to people to enter the decision making arena and thus define and implement their notions of development and the political processes and structures of the country must give an opportunity to all segments of society to define and implement their own growth and development.

Social, economic and educational development of women is an oft-repeated mantra which has been ingrained by many and chanted comfortably. What is less propagated and probably secretly resented is the political representation of women as that signifies the ultimate transfer of women in the public space. Moreover women from the most oppressed sections are the victims of the triple paradigms of gender, community and class [1] A tribal or a Muslim woman is equally a victim of her community as she is of the wider social and political atrocities that she is subjected to. To address this triple marginalization it is vital that deliberate policy decisions are taken to facilitate the entry of women from the marginalized communities to enter public life. These efforts are required not just for the empowerment of women but also to usher in an era where growth will be feminine, where the world will get a chance to sustain itself, probably the only chance.

RESERVATION FOR WOMEN

The Indian scenario though so far unimpressive has shown signs of improvement. In 1980 out of 242 members there were 29 women comprising 11.98% of the House. A very impressive 59 MPs have been elected to the 15th Parliament which is the highest ever since independence. Out of the 59 MPs, 17 are less than 40 years of age. The Congress has been able to send 23 MPs and the BJP 13. Amongst the states, Uttar Pradesh has been able to send 13 women MPs. West Bengal trails with 7 MPs. In all 556 women had contested the 2009 general elections, of which 59 were elected. [2]

The idea of reserving certain seats to women was mooted in the late 1980’s.  The National Perspective Plan, in 1988 called for 30 per cent quota for women at all levels of elective bodies.  A detailed discussion and debate at all levels led to the adoption of the 73rd and 74th amendments to the Indian Constitution in 1993.  In 1995, the debate was on women’s representation in Parliament. In 1996 the male legislatures of the United Front government lamely but aggressively argued that home is where women belong. It was called the “battle of the sexes”. [3] In 1998 again the Bill invited the wrath of the male politicians and this time it was the fear of the par kati aurtein. The Bill was adjourned several times and has still not seen the light of the day. The present UPA government has shown its commitment to the Bill and had promised to introduce it in the first 100 days of its coming to power.

The opposition to the Bill is from many quarters. Some oppose reservations of all kinds and hence also oppose this one. The loudest opposition has been from political figures who have taken anti-women and patriarchal positions. This is best conveyed by the much criticized statement of Sharad Yadav that parkati mahilayen will swamp the Parliament if the Bill is passed. The third opposition to the Bill is not in principle but in its structure and form. This group is in favour of reservation within reservation for the OBC, tribal and Muslim women. [4]

Different political parties have different stands on the issue and as a result the UPA government has not been able to arrive at a consensus. While all of them agree in principle on reservation for women but there are nuanced differences in its implementation which would be interesting to analyze. The Samajwadi party has 3 pertinent points to make on the issue; all parties must mandatorily provide 10% reservation for women; seats for Muslim women must also be reserved. It was also concerned that with 33% reservation the total reserved seats would increase to 55% [22.5% already exists for SC and ST] which would not be fair to other sections of the population. In the final run the party wants 15-20% of reservation for women. [5]

The RJD president, Lalu Prasad Yadav, is comfortable with 10-15% of reservation or an increase in LS seats to 900 and assembly seats to 3000. He too demanded reservation for backward castes and Muslims within the 33%. The BJP is all for the Bill provided there is no provision for reservation within reservation. The Left is not opposed to any changes in the original Bill as long as there is consensus over the new arrangement. The DMK too is in favour of quota for backward castes and Muslims within the overall reservation. [6]

RESERVATION WITHIN RESERVATION

Studies regarding the reservation for women at the Panchayati Raj Institutions have shown that although the individual women have benefited from the provision, and have played an important role even as a first timer, it has also encouraged and entrenched the power of upper castes. It has been observed that seats of lower castes when replaced with a reserved seat for women it is usually filled in by women of the upper castes. [7] That could be the reason for Hindutva parties like BJP to oppose the Mandal Commission recommendations and yet support the women’s reservation bill so that once implemented it will allow the upper caste women to enter the highest decision making body of the country. “Women” versus OBC men – that appears to be the winning formula. [8]

The demand from the parties for creating political space for the marginalized sections of the society is not without substance. In the 10^th Parliament there were 6 women from the Brahmin caste which is 17.14% of the total women MPs. Whereas Brahmins comprise only 5.52% of the total population. On the other hand while 22 per cent of the Parliamentary seats were reserved for SCs, only 4.1 % occupy that space. [9] Surely all women are victims of patriarchy but how they bear its impact depends so much on their class, caste and community. We will not see the variety in women’s experiences with patriarchy if we assume the homogeneity of womanhood in this country.  In the current scenario it would be impossible for a Muslim woman or a tribal or a fisherwoman who is not part of a political family to enter the Parliament. Reservation is one tool by which the oppressed woman gets an opportunity to enter political space and take decisions which is probably the only chance for our society to live in peace and stability.  Special conditions will have to be created so that women of all caste, class and communities get a simultaneous opportunity to enter the highest echelons of power.

STATUS OF THE MUSLIM COMMUNITY AND MUSLIM WOMEN

The Sachar report very comprehensively captures the abysmal conditions of the Muslim community and these conditions do not spare the Muslim women. 59% of Muslim women have never attended school. Less than 10% have completed schooling suggesting strong link between low socio-economic status and education. The mean age of first marriage is amongst the Muslims is 13.9 in rural north. Less than 15% of Muslim women are part of the work force. 2/3^rd of Muslim women are self employed or engaged in home based labour, in the informal sector, casual labourers and domestic workers. Reasons for low levels of work participation are low education, lack of opportunities, low mobility, domestic responsibility and lack of skills. As a result many Muslim women are not aware of government schemes. How will they know of these schemes as less than 20% have access to media, more than 50% are illiterate. Though common to other communities, 75% of Muslim women need their husband’s permission to almost all activities. [10]

In May 1949 when the provision for population based quota of seats was abolished the Constituent Assembly had assured the minorities of their participation in the Legislature. In spite of these assurances the participation of Muslim community and Muslim women in the political process is way below the expectation. This under representation was marked by the National Commission to Review the Working of the Constitution and by the Sachar Committee Report. [11]

The Sachar Committee report states very categorically that the Muslim community has not had enough opportunity to enter public spaces. Although they have been abused as a vote bank and fleeced off their valuable votes they have never been able to enter politics in a manner that influences their own deplorable conditions. And given the triple marginalization of the Muslim women she will need the special mechanisms to enable her to enter political life. [12]

Many groups like the All India Muslim Women’s Personal Law Board have demanded special reservation for Muslim women. They lament that the Muslim women is doubly disadvantaged first as a Muslim and then as a Muslim women. Reservation within the quota is a powerful way by which a Muslim woman can gain political space to fight for her rights.  [13]. The All India Milli Council has also argued for a ‘quota within quota’ for OBC, Dalit and Muslim women. The Muslim community is under represented in the Parliament. Committee For Empowerment of Muslim Women, Jamiatul Ulema-e-Hind, Muslim Women's Welfare Organisation, Dr B R Ambedkar Sewa Dal and Insaan Dost Council have demanded reservation within 33% based on the proportion of the population of the OBC, Dalit and Muslim women. [14]

CONCLUSION

While the rest of us are debating about the issue the Bihar government has gone ahead and declared that the reservation may be increased to 50%. Other states like Chattisgarh, MP, Rajasthan and Himachal Pradesh have raised the quota upto 50%. [15] Other states could follow suit and increase the overall reservation for women to 50% and within the 50% based on the percentage of population of women in that community, reservation must be made for tribal, backward castes and minorities. The legitimate demands by women from weaker sections for creation of political space must be respected and worked upon. Given the mind boggling diversity challenging the long held assumption of homogeneity of women, innovative approach and a creative mathematical arrangement [16] will need to be worked out so that the most poor and oppressed get a chance to participate in the decision making process.

A democracy that pledges justice, equality and freedom to all especially to the weaker sections of the society and also emphasizes on protection and promotion of human rights cannot shy away from reservation for women in the Parliament. And to respect the diversity within the population of women reservation within reservation is the only way for their political empowerment. It would be a dream come true to see a tribal, Muslim, Mahar and a Brahmin women  usher in livelihood, shelter, health and security for the teeming millions who are waiting for it for the last 62 years.

References:

1. Hasan Zoya, Menon Ritu, Unequal Citizens – A study of Muslim Women in India,   Oxford University Press, New Delhi, 2004

2. ‘Dynamics of Women’s Reservation in India’, posted on 30^th September 2009, http://www.articlesbase.com/politics-articles/dynamics-of-womens-reservation-in-india-1285182.html, Accessed on 25 Nov 09

3. Ibid

4. And aren’t OBC women “women”? Loud thinking on the Women’s Reservation Bill, Nivedita Menon, 7 June 2009, http://kafila.org/2009/06/07/and-arent-obc-women-women-loud-thinking-on-the-womens-reservation-bill/, Accessed on 25 Nov 09

5. Ibid 2

6. Ibid 2

7. Ibid 4

8. Ibid 4

9. Ibid 2

10. Ibid 1

11. Innovative Measures for Inclusive Women’s Reservation, Sunday 15 June 2008, by Iqbal A Ansari, Mainstream Vol. XLVI No 26, http://www.mainstreamweekly.net/article762.html Accessed on 25 Nov 09

12. Ibid 11

13. All India Muslim Women's Personal Law Board On Muslim Women's Reservation Parveen Abdi, Secretary General, All India Muslim Women's Personal Law Board, http://www.milligazette.com/IndMusStat/2006a/966-aimwplb-12jun06-reservation.htm

Accessed on 25 Nov 09

14. Give quota to OBC, Dalit, Muslim women in 33 pc reservations: AIMC, New Delhi, Nov 19, http://www.newkerala.com/nkfullnews-1-154074.html,

Accessed on 25 Nov 09

15. Ibid 2

16. Ibid 11, Iqbal Ansari has given a detailed illustration of the manner in which reservation within reservation can be worked out.

This article will be presented by the author on 5^th December in a two-day 'National Youth Convention on Reservation for Excluded Communities’ to be held on 5th & 6th December 2009 organized by the
the Centre For The Study Of Social Exclusion And Inclusive Policy (CSSEIP) SNDT Women's University In Collaboration With Youth For Unity And Voluntary Action (YUVA)

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